This Community Guide will describe how Arkansas is spending its opioid settlements, and whether Arkansas is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
2/3 Local Share
1/3 State Share
Ultimate Decisionmaker
of the (ARORP)
(i.e., ARORP’s director, Association of Arkansas Counties’ executive director, and Arkansas Municipal League’s executive director)
Decision-making Process
Leadership of the Arkansas Opioid Recovery Partnership (ARORP) ultimately approves funding requests with input and recommendations from the ARORP .
The Arkansas Attorney General’s office decides how to allocate this share.
Supplantation
Prohibited (in practice)
Not prohibited
Grant Funding
Yes. See the Arkansas Opioid Recovery Partnership’s page.
No
Public Input
Up to each locality (not required)
No opportunities available as to the Arkansas Opioid Recovery Partnership (not required)
No opportunities available (not required)
Advisory Body
Yes (required). See the ’s .
There are no published rules requiring the Advisory Board to include a member with lived and/or living experience.
No (not required)
Expenditures
Neither intrastate nor public reporting required, but see the Arkansas Opioid Recovery Partnership’s .
Neither intrastate nor public reporting required
Updates
For updates on the local share, visit the Arkansas Municipal League’s and Association of Arkansas Counties’ website.
A single resource containing state share updates could not be found.
Total Funds
$227.70 million[1]
[1] Total is rounded. See . Accessed September 1, 2024.
Allocation
2/3 to local governments and 1/3 to the state
Mechanism
State-Local Agreement (); Local Distribution Agreements ( and ); Court Order ()
2/3 local share: Up to each locality (not required). Neither the Arkansas Opioid Recovery Partnership nor individual governments are required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.
1/3 state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 1/3 share.[1]
Can I apply for grants?
Yes. The Arkansas Opioid Recovery Partnership’s page includes information about how to apply for open funding opportunities. You can also visit the (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.
Where do I go for updates?
For updates on the local share, visit the Arkansas Municipal League’s and Association of Arkansas Counties’ website.
A single resource containing state share updates could not be found.[2]
What else should I know?
Not applicable.
Citations
If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑
If you see this change, email . ↑
1/3 State Share
Where do these monies live?
Arkansas’ 1/3 state share is distributed to the state “acting through” its Governor and Attorney General,[1] although actual practice suggests that the funds reside with the state Attorney General.[2]
Though the Arkansas Opioids Memorandum of Understanding (MOU) states that this share is “allocated” to Medicaid claw-back costs and attorneys’ fees,[3] this share is spent on abatement purposes as well.[4]
Who ultimately decides how to spend this share (and how)?
State Attorney General decides. The Arkansas Attorney General’s Office, which ultimately decides specific expenditures for this share,[5] has distributed its share as grants to law enforcement, organization, and agency recipients.[6]
Are supplantation uses prohibited for this share?
No, supplantation is not prohibited. Arkansas does not explicitly prohibit supplantation uses of its opioid settlement funds from the 1/3 state share. This means that the state may spend funds from its share in ways that replace (or “supplant”) — rather than supplement — existing resources.
Can I see how this share has been spent?
No (neither public nor intrastate reporting required). There are no reporting requirements applicable to this share and no official expenditure information.
Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.
What else should I know?
Not applicable.
Citations
Arkansas Opioids Memorandum of Understanding, Secs. 1.15 (defining “State” to mean the governor and state attorney general), 2.2 (directing 1/3 allocation to “State Share”). ↑
Arkansas Opioids Memorandum of Understanding, Sec. . The settlement agreements define allowable costs to include Exhibit E interventions, administrative costs, Medicaid claw-back, and attorneys’ fees. ↑
See Arkansas Opioids Memorandum of Understanding, Sec. ; previously cited press releases from the Arkansas Attorney General and Arkansas Administrative Office of the Courts. ↑
Arkansas’ governing documents provide that both the state’s Attorney General and Governor control this share. See Arkansas Opioids Memorandum of Understanding, Secs. (defining “State” to mean the governor and state attorney general), (directing 1/3 allocation to “State Share”). However, recent disbursements from the state share identify only the Arkansas Attorney General’s office as granting these funds and do not clarify what role, if any, the Governor plays in the state’s opioid settlement spending scheme. See also Michael R. Wickline. . Arkansas Democrat Gazette. February 23, 2023. Accessed July 8, 2024. ↑
See press releases regarding state share opioid settlement spend, e.g., . Arkansas Attorney General press release. November 8, 2023. Accessed September 1, 2024 (announcing $232,880 grant to law enforcement for naloxone and $770,000 to Arkansas Mobile Opioid Recovery (ARMOR)), . Arkansas Attorney General press release. November 9, 2023. Accessed September 1, 2024 (announcing $50 million grant to “help establish” the National Center for Opioid Research & Clinical Effectiveness (NCOR)), . AOC press release. May 15, 2024. Accessed September 1, 2024 (announcing $1 million grant by AG to the Administrative Office of the Courts to 45 existing drug court programs). ↑
Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes. Though the state government has not established an advisory body to inform uses of its 1/3 share, the Arkansas Opioid Recovery Partnership (ARORP) — a partnership between the Arkansas Municipal League and Arkansas Association of Counties — was created by the cities and counties distribution agreements to oversee their combined 2/3 share of opioid settlement funds.[1] The distribution agreements require the ARORP Advisory Board to “study proposals and make recommendations . . . regarding programs and strategies to abate the Arkansas opioid epidemic.”[2]
Is the state advisory body required to include member(s) with lived and/or living experience?
No. Though there are no published rules requiring the to include a member with lived and/or living experience, its describes its members as “intentionally selected to represent people with lived experience and a diversity of geographic regions, economic sectors, and demographics.”[3]
What is the overall membership of the state advisory body?
The is required to have an equal number of members appointed by the Director of the Arkansas Municipal League and the Director of the Arkansas Association of Counties.[4] As of September 1, 2024, the Advisory Board had 12 members representing a mix of backgrounds, including law enforcement, judges, clinicians, and a youth advocate. Current members of the ARORP Advisory Board are listed .
Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?
No (up to each locality). Local governments in Arkansas, whose combined 2/3 share of funds are overseen by the (ARORP), are not each required to establish individual opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.
What else should I know?
Not applicable.
Citations
. Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 (“The cities and counties distribution agreements (substantively the same), under which the cities and counties formed ARORP together and established a mission statement, guidelines for ARORP, and guidelines for applicants. The city/county distribution agreements are exhibits to the MOU”). ↑
; . See also . Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 ↑
With limited exceptions,[4] funds from the 2/3 local share must be spent on “Approved Purposes” (as defined by the Arkansas Opioids Memorandum of Understanding) and consistently with applicable settlement agreements.[5] In practice, the Arkansas Opioid Recovery Partnership uses the national settlement agreement’s (non-exhaustive) — which includes prevention, harm reduction, treatment, recovery, and other strategies — to guide spending from this share.[6]
Who ultimately decides how to spend this share (and how)?
Advisory Board recommends, leadership of the Arkansas Opioid Recovery Partnership decides. Leadership of the Arkansas Opioid Recovery Partnership — ARORP’s director, AML’s executive director, and AAC’s executive director — ultimately decide specific expenditures for this share after consulting recommendations made by ARORP’s .[7]
The ARORP describes an that includes:
Applicants obtaining local approval from mayor(s) and county judge(s)
Application submission and an initial review by the ARORP team
Evaluation and approval by the ARORP Advisory Board
There are multiple categories of funding opportunities,[8] including a “ that allows flexibility for [applicants] to submit any project related to opioid prevention, treatment, and/or recovery.”[9]
Are supplantation uses prohibited for this share?
Yes, supplantation is prohibited (in practice). The (ARORP), which oversees the 2/3 local share, has explicitly cited to proposed supplantation uses of funds in its as reasons for denying certain funding requests.[10] Additionally, ARORP states as one of its that it “should seek to use limited funds to supplement and expand existing public and private abatement efforts and funding, rather than supplanting or duplicating existing abatement efforts and funding,”[11] and ’ and ’ distribution agreements state that applications for funding from ARORP “should address the of the Partnership.”[12]
Can I see how this share has been spent?
Yes (neither public nor intrastate reporting required). The Arkansas Opioid Recovery Partnership has published an of funded projects that reports on projects’ titles, organizations, counties, funding amounts. It also includes links to projects’ progress and budget reports. ARORP maintains a of project proposals denied funding.
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
What else should I know?
Not applicable.
Citations
Arkansas Opioids Memorandum of Understanding, Secs. , ; Cities Distribution Agreement, ; Counties Distribution Agreement, . ↑
Cities Distribution Agreement, ; Counties Distribution Agreement, . See also . Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024. ↑
See . Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024 (“the QSF administrator (Ed Gentle) who will write checks to fund approved projects”). See also
Evaluation and approval by the ARORP leadership team
. June 10, 2022. Accessed July 8, 2024. ↑
Arkansas Opioids Memorandum of Understanding, Secs. , (reserving up to 27% of the cities and counties share “for the payment of attorneys’ fees and associated litigation expenses”), (defining “Approved Purpose(s)” to include “payment of attorneys’ fees and associated litigation expenses”). But see Arkansas Opioids Memorandum of Understanding, Secs. , (providing that any residual amounts remaining after payments of attorneys’ fees and litigation expenses are returned to the Cities Opioid Settlement Fund and Counties Opioid Settlement Fund, respectively). ↑
Arkansas Opioids Memorandum of Understanding, Secs. (defining “Approved Purpose(s)” to mean 19 general categories of interventions along with attorneys’ fees and litigation expenses), (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes, any settlement agreements, and all orders approving settlements”). Note that Arkansas’ MOU’s definition of “Approved Purposes” includes a broader allowance for law enforcement expenditures than Exhibit E. See Arkansas Opioids Memorandum of Understanding, Sec. (“Support law enforcement expenditures relating to the opioid epidemic”). ↑
. Arkansas Opioid Recovery Partnership. Accessed July 8, 2024 (“The settlement funding can only be used for certain purposes. Exhibit E, found at www.arorp.org/funding-opportunities/, specifies exactly how settlement funds must be used. Thus, organizations who are seeking to create or expand a project in opioid prevention, treatment, or recovery can apply to ARORP for funding. The ARORP Advisory Board will use Exhibit E to evaluate each proposal that comes in”). ↑
Cities Distribution Agreement, ; Counties Distribution Agreement, . Cities and Counties Distribution Agreements 5-6. ↑
As of August 14, 2024, available funding categories include General Funding, Overdose Response Team Funding, Naloxone Community Hero Project Funding, and Sentinel Project. See . Arkansas Opioid Recovery Partnership website. Accessed August 14, 2024 ↑
. Arkansas Opioid Recovery Partnership. March 2023. Accessed August 14, 2024 (“We want you to assess your community's needs and submit a proposal to address existing gaps in services”). See also . Arkansas Opioid Recovery Partnership. March 2023. Accessed August 14, 2024 (requiring applicants to include sign-off from mayors and county judges). ↑
See . Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024. ↑
. Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024; Cities Distribution Agreement, ; Counties Distribution Agreement, . ↑
Cities Distribution Agreement, ; Counties Distribution Agreement, . See also . Arkansas Opioid Recovery Partnership. March 2023. Accessed September 1, 2024 ("How will funding reach cities and counties?” “The ARORP Advisory Board will use Exhibit E to evaluate each proposal that comes in. The funding is meant to be startup money; the money is not meant to replace or supplant existing funding”); . Arkansas Opioid Recovery Partnership. Accessed July 8, 2024 (“The money is not meant to replace or supplant existing funding”) (emphasis in original). ↑
